§2891. Security and control of supplies: annual report

(a) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report for each of fiscal years 1992, 1993, and 1994 on security and control of Department of Defense supplies. Each such report shall be submitted not later than four months after the end of the fiscal year for which the report is submitted.

(b) Each report shall include the following:

(1) A summary of each of the physical inventory program plans of the Department of Defense, the Defense Logistics Agency, and the military departments for the fiscal year in which the report is submitted.

(2) A discussion of the deficiencies, if any, in the security and control of Department of Defense supplies in the fiscal year preceding the year in which the report is submitted and a discussion of the extent to which such deficiencies have been corrected.

(3) A discussion of-

(A) research and development projects carried out by the Department of Defense in such preceding fiscal year for the improvement of the inventory and recordkeeping capabilities of the Department;

(B) any proposals for expeditious application of any new technology resulting from such projects; and

(C) the budget needs for research and development for such purpose in the fiscal year in which the report is submitted and any subsequent fiscal year for which the budget needs have been determined.

(4) The budget authority made available to the Department of Defense for inventory control functions in the fiscal year in which the report is submitted and in each of the five fiscal years preceding such fiscal year.

(5) The budget authority proposed for such purpose in the budget submitted to Congress under section 1105 of title 31 for the fiscal year following the fiscal year in which the report is submitted.

(6) The budget authority needed for such purpose in each of the five fiscal years following the fiscal year for which such budget is submitted.

(7) An evaluation of the effectiveness of supply inventory control in the fiscal year preceding the fiscal year in which the report is submitted, the criteria used by the Secretary to make such evaluation, and the information considered by the Department in making the evaluation, including the value of supplies lost or stolen or for which accountability has otherwise been lost.

(8) The aggregate statistics for all incidents of theft, fraud, or breach of security involving Department of Defense supplies that were investigated by military or civilian law enforcement agencies during the fiscal year preceding the fiscal year in which the report is submitted (including incidents involving munitions), a summary description of all such incidents (including the circumstances under which the incidents occurred), and the lessons learned by the Department of Defense from such incidents.

(9) A summary description of the cases determined by the Secretary of Defense to be cases of major thefts of Department of Defense supplies during the fiscal year preceding the fiscal year in which the report is submitted, including any case involving a loss in an amount greater than $1,000,000 or a loss of sensitive or classified items.

(10) The value, and an analysis, of in-transit losses that occurred during the fiscal year preceding the fiscal year in which the report is submitted.

(Added Pub. L. 100–456, div. A, title III, §342(a)(1), Sept. 29, 1988, 102 Stat. 1959 ; amended Pub. L. 102–484, div. A, title III, §372, Oct. 23, 1992, 106 Stat. 2384 .)

Amendments

1992-Subsec. (a). Pub. L. 102–484, §372(a), substituted "for each of fiscal years 1992, 1993, and 1994" for "for each of fiscal years 1989, 1990, and 1991" in introductory provisions.

Subsec. (b)(9), (10). Pub. L. 102–484, §372(b), added pars. (9) and (10).

Change of Name

Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Defense Supply Management Studies and Modernization Plan

Section 341 of Pub. L. 100–456 directed Secretary of Defense to carry out a defense inventory security and control enhancement study and, not later than 18 months after Sept. 29, 1988, submit a report, in both classified and unclassified forms if necessary, to Committees on Armed Services of Senate and House, and transmit a copy to Comptroller General for review and submission to such Committees, within 90 days, of findings and recommendations; directed Secretary to conduct a cost-benefit analysis of sales of surplus munitions and, not later than 180 days after Sept. 29, 1988, submit a report to Committees on such practices; directed Secretary to develop improved methods of identification and accounting for ammunition, etc., susceptible to pilferage and, not later than one year after Sept. 29, 1988, submit a report to Committees on such methods; and directed Secretary to prepare a supply system modernization plan and transmit a copy of such plan to Committees not later than one year after Sept. 29, 1988.

Report Exception

Section 342(b) of Pub. L. 100–456 provided that: "The Secretary of Defense may omit in the report for any fiscal year under section 2891 of title 10, United States Code, as added by subsection (a), the information relating to any of fiscal years 1983 through 1988, described in subsection (b)(4) of such section, for which the Secretary determines that there are inadequate records."

Inventory Investigations

Section 343 of Pub. L. 100–456 provided that:

"(a) Undercover Investigations.-(1) Congress finds that the use of undercover investigative techniques by the Department of Defense enhances the ability of the Department of Defense to detect and investigate theft of Government property (including munitions) from the Department of Defense supply system.

"(2) The Secretary of Defense is urged to continue to conduct undercover investigations to detect and investigate thefts referred to in paragraph (1).

"(b) Inventory Security Incident Repository.-The Secretary of Defense shall establish and maintain a centralized computer system for recording and organizing information on theft, fraud, and breach of security and incidents involving the loss of Department of Defense supplies (including munitions)."